Aboriginal Cultural Heritage Act 2021 | |
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Parliament of Western Australia | |
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Citation | "Aboriginal Cultural Heritage Reform Act 2021" (PDF). Western Australian Government . 4 July 2023. Archived from the original on 16 March 2024. |
Territorial extent | State of Western Australia |
Royal assent | 22 December 2021 |
Repealed | 15 November 2023 |
Administered by | Attorney-General of Western Australia [1] |
Legislative history | |
Bill title | Aboriginal Cultural Heritage Bill 2021 |
Introduced by | Hon Dr A. D. Buti (Minister for Finance) |
Introduced | 17 November 2021 |
Amends | |
Aboriginal Heritage Act 1972 Conservation and Land Management Act 1974 | |
Amended by | |
Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 | |
Status: Repealed |
The Aboriginal Cultural Heritage Act 2021 (ACH Act [2] ) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. It superseded the Aboriginal Heritage Act 1972 on 1 July 2023. [3] On 8 August 2023, the Government of Western Australia announced the act would be repealed and the 1972 act reinstated. [4] Some people saw a link between repealing the act and the incoming 2023 Australian Indigenous Voice referendum. [5] [6] [7] [8]
The legislation followed a government inquiry into the destruction of an ancient heritage site, Juukan Gorge, by mining company Rio Tinto in May 2020. [9] [10] The process included discussions with Aboriginal people, industry experts, and the larger community. [11] The Act was repealed on 15 November 2023 with the passing of the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023.
The act sought to give traditional owners increased influence in decisions over Aboriginal heritage management. [11] Local Aboriginal cultural-heritage, native-title and other relevant bodies would play a critical role in managing and surveying heritage locations. [12]
Owing to the legislation's complexity, education workshops were held by the Department of Planning, Lands and Heritage, attended by hundreds of people. There were calls to delay the implementation of the legislation for six months to allow a longer period for landholders to become acquainted with their responsibilities. [12] Nearly a month after its implementation, the planning authorities were receiving numerous phone calls and emails from farmers. Many were from users of the land looking for clarification about what activities were permitted under the new act, others wanted general advice, or technical assistance with the online service. Concerns remained about the legislation's lack of clarity, as pastoralists did not want to inadvertently break the law. [13]
Some 29,000 petitioners called on the government to delay implementation of the law. [14] [15]
The Pastoralists and Graziers Association of Western Australia opposed the law. [16] [17]
Rio Tinto Group is a British-Australian multinational company that is the world's second largest metals and mining corporation. It was founded in 1873 when a group of investors purchased a mine complex on the Rio Tinto, in Huelva, Spain, from the Spanish government. It has grown through a long series of mergers and acquisitions. Although primarily focused on extraction of minerals, it also has significant operations in refining, particularly the refining of bauxite and iron ore. It has joint head offices in London, England and Melbourne, Australia.
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The Aboriginal Heritage Act 1972 (AHA) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. The Aboriginal Cultural Heritage Act 2021 was intended to replace the Act from 1 July 2023 but was revoked after only five weeks of operation.
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Juukan Gorge is a gorge in the Hamersley Range in the Pilbara region of Western Australia, about 60 kilometres (37 mi) from Tom Price. It was named by the daughter of Puutu Kunti Kurrama man Juukan, also known as Tommy Ashburton, who was born at Jukarinya.
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